Asoc. de Maestros v. Depto. Educ.

Litigation: Challenging Puerto Rico’s first school choice program, the Free School Selection Program. This voucher prioritizes children who, (a) live in low-income families, (b) have severe disabilities, (c) are gifted, (d) are adopted or reside in foster homes, or (e) are victims of bullying or sexual harassment.  Opposed to educational choice program: American Civil Liberties Union of Puerto Rico; American Federation of Teachers; American Federation of Teachers – Puerto Rico  In support: EdChoice; Institute for Justice  

Outcomes: On August 9, 2019, the Supreme Court of Puerto Rico ruled that vouchers are constitutional, overturning a lower court decision. The Supreme Court’s decision overturned the adverse ruling of the lower court, which had relied erroneously on Asoc. De Maestros v. Sec. de Educación, 137 D.P.R. 528 (1994), an adverse decision from 1994. The court’s 2019 ruling was a 5-3 decision, with one judged recused. The ruling of the court was brief, simply reversing the lower court ruling and dismissing the complaint that was brought by the American Federation of Teachers (AFT) teachers’ union—the national and local Puerto Rico chapter—against Puerto Rico’s Department of Education. The Justices explained their positions in four concurring opinions and two dissenting opinions. On August 22, the AFT filed a Motion to Reconsider, asking the Puerto Rico Supreme Court to reconsider its ruling; the motion was denied.

Why it Matters: The teachers’ union, American Federation for Teachers – both national and its state affiliate in Puerto Rico – sued to stop Puerto Rico’s new voucher program shortly after this island Commonwealth was hit by a devastating hurricane. Many public school buildings were damaged and traveling on roads by car was treacherous or impossible. Allowing children to access vouchers offered a lifeline to families and communities to allow children to go to private schools or be educated by private school teachers in their neighborhoods when public schools were inaccessible. Trying to take away an educational opportunity from those who so desperately needed all viable options and help was incomprehensible and mean-spirited. Thankfully, the Puerto Rico Supreme Court refused to deny children and families this opportunity.

Effects: Puerto Rico’s voucher has grown from 407 students for the 2019-2020 school year to 878 students for the 2020-2021 school year.